PROCEDURE-COURT

Termination Notice Didn't State That Tenant Didn't Cure Defaults

February 13, 2017    

Landlord sued to evict tenant, claiming that tenant had breached a substantial obligation of her tenancy, had permitted a nuisance in her apartment, and had denied landlord access to make necessary repairs. The court...

Landlord Sufficiently Identified Apartment Occupant in Court Papers

January 19, 2017    

Landlord sued to evict apartment occupants, claiming that they were licensees or squatters. One of the occupants asked the court to dismiss the case. He claimed that landlord failed to name a necessary party because...

Eviction Case Dismissed Due to Untimely Completion of Service

January 19, 2017    

Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case on procedural grounds. Tenant argued that landlord’s filing of its court petition was completed two days...

Court Excuses Landlord's Default in Eviction Proceeding

December 20, 2016    

Landlord sued to evict rent-stabilized tenant’s grandson after tenant died. The court dismissed the case based on landlord’s failure to appear in court. Landlord later asked the court to excuse its...

Tenant Brought Multiple Groundless Lawsuits Against Landlord

December 20, 2016    

Landlord sued permanent tenant, claiming abuse of process and sought a permanent injunction barring tenant from filing any further proceedings or motions without prior court approval and unless tenant was represented...

Building Not Registered as Multiple Dwelling When Case Commenced

December 20, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on landlord’s failure to properly describe the premises or to properly register the building as a multiple...

No Termination Notice Required Before Eviction Proceeding

December 15, 2016    

Landlord sued to evict unregulated tenant whose lease had expired. Tenant claimed that landlord hadn’t first sent him a termination notice. The court ruled for tenant and dismissed the case. Landlord appealed...

Tenant Refused to Pay Use and Occupancy While Case Pending

December 15, 2016    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Trial Court Denied Landlord's Claim Against Lease Guarantor

November 28, 2016    

Landlord sued tenant’s guarantor for payment of over $11,000 in unpaid rent. Landlord asked the court for a ruling without a trial. The court ruled against landlord after a conference, finding there were...

Nonpayment Proceeding Dismissed After Later Holdover Proceeding Settled

November 28, 2016    

Landlord sued to evict tenant for nonpayment of rent while tenant’s lease was still in effect. While that case was still pending, landlord sued to evict tenant in a holdover proceeding after tenant’s...

Settlement Agreement Incorrectly Identified Apartment

November 27, 2016    

Landlord sued to evict apartment occupant, claiming that his...

Landlord Can Start New Eviction Case for Owner Occupancy

November 22, 2016    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for his own use. The court ruled against landlord and dismissed the case. Landlord sent a lease nonrenewal and termination notice to...

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